TMI Blog2023 (2) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... M: This appeal by the assessee is preferred against the order dated 07.03.2022 framed u/s. 143 (3) r.w.s. 144C(13) of the Act. 2. The grievance of the assessee read as under :- 1. That on the facts and in the circumstances of the case and in law, the learned Assessing Officer ('Ld. AO') has erred in assessing the income of the Appellant at Rs 1,12,88,65,689 as against the returned income of Rs 60,73,430. 1.1 That on the facts and in the circumstances of the case and in law, the Hon'ble Dispute Resolution Panel ('Hon'ble DRP') erred in not directing the Ld. AO to delete the addition amounting to Rs 1,12,88,65,689 as the receipts from satellite transmission services are not taxable in India. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al bench with a direction to decide the case in view of the decision of Asia Satellite Telecommunications Co. Ltd (supra). 5. That without prejudice to above, on the facts and in the circumstances of the case and in law, the Hon'ble DRP and the Ld. AO erred in not appreciating that Appellant being a resident of USA is covered by the beneficial provisions of India-USA DTAA and accordingly, should not be taxed under the provisions of the Act. 6. That without prejudice to above, on the facts and in the circumstances of the case and in law, the Hon'ble DRP and the Ld. AO erred in concluding that the expanded definition of 'Royalties' contained in Section 9(l)(vi) of the Act as retrospectively amended by Finance Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal for A.Y.2014-15 and 2015-16 has been affirmed by the Hon ble High Court in ITA No.346 and 347 of 2022. All these decisions find place in the findings of the coordinate Bench in ITA No.918/Del/2021 for A.Y. 2017-18 which read as under :- 5. We have considered rival submissions and perused materials on record. A reading of the impugned assessment order and the directions of learned DRP would clearly reveal that by relying upon the approach adopted by them in assessee s case in preceding assessment years beginning from assessment year 2006-07 onwards, they have concluded that the receipts of the assessee from Satellite Transmission Services are in the nature of royalty. However, it is a fact on record that disputing the decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
